The Division of Administrative Law Appeals ("DALA") is an independent agency that conducts adjudicatory hearings. Created in 1974 as the Division of Hearing Officers, DALA's initial purpose was to replace the in-house hearing officers of the Rate Setting Commission. By 1978, DALA's jurisdiction had expanded to include the Contributory Retirement Appeal Board, the Civil Service Commission and any other state agency that requested DALA to conduct a hearing. In 1983, an Act  of the Legislature changed the name of the Division of Hearing Officers to DALA, and the former Hearing Officers became Administrative Magistrates. Currently, DALA conducts hearings for approximately 20 state agencies.

The concept of an independent hearing agency, or corps, of Administrative Magistrates differs from traditional notions of administrative law. Traditionally, hearing officers were employed by the agencies they served. These agencies have typically been charged with investigating, prosecuting and adjudicating cases involving the citizens they regulate. The main reason for establishing a separate hearing agency is to give Administrative Magistrates independence from the agencies they serve.

The strength of the hearing agency system is the guarantee that the fact finder is impartial. A person contesting the decision of an agency has the legal right to a fair and speedy determination of his or her claim by an impartial fact finder. At DALA, the Administrative Magistrates are independent from the agency whose action is being tried. There is no question of bias on the part of the Magistrate and, perhaps even more importantly, there is no appearance of bias or unfairness in the hearing process. The concept of an independent hearing agency is gaining in popularity nationwide, and DALA is now one of 24 state and three cities (New York, Chicago, and Washington, D.C.) independent hearing agencies.

DALA comes within the Executive Office of Administration and Finance. Its jurisdiction over appeals of rates established by the Division of Health Care Finance and Policy (formerly the Rate Setting Commission) is provided by G.L. c. 118G as well as G.L. c.7, §4H. The latter section also establishes DALA's jurisdiction over Civil Service appeals pursuant to G.L. c.31, §§42 and 43.

The Contributory Retirement Appeal Board must assign appeals of decisions of the Commonwealth's retirement boards and the Public Employee Retirement Administration Commission to DALA, pursuant to G.L. c.32, §16(4).

In 1980, the Ward Commission investigated corruption in public construction. It recommended that DALA adjudicate all capital construction change order disputes on appeal from the Division of Capital Planning and Operations (now, the Division of Capital Asset Management.) The General Court codified this recommendation at G.L. c.30, §39Q.

In 1986, after the enactment of G.L. c. 123 §3A, DALA began holding hearings when the Department of Mental Retardation proposed to transfer a mentally retarded person without the consent of the guardian.

In 1989, two bills were passed expanding DALA's jurisdiction. Chapter 654, §233 of the Acts of 1989 requires DALA to hold all hearings for the Board of Registration in Medicine. Chapter 665, §2 of the Acts of 1989 designated DALA to decide appeals of decisions of the Commissioner of Veterans Services, pursuant to G.L. c. 115 §2.

In 1998, G.L. c.149, §27C was amended to provide a civil sanction for violations of Wage and Hour Laws. An employer who has received a civil citation from the Office of the Attorney General may appeal to DALA.

In 2004, the Office of Administrative Appeals within the Executive Office of Environmental Affairs moved to DALA.   The Administrative Law Judges who had been hearing appeals for the Department of Environmental Protection ("DEP") and the Board of Registration of Hazardous Waste Site Cleanup Professionals became Administrative Magistrates at DALA.

Pursuant to 808 CMR 1.06(6), DALA holds hearings from determinations of the Division of Purchased Services as to the program reimbursement for special needs children.

In addition to hearings held pursuant to specific statutory authority, more and more state agencies have taken advantage of the expertise offered by DALA and have requested, through inter-agency agreements, that DALA hold their hearings. DALA has regularly conducted hearings for the following: Department of Public Health, Department of the Personnel Administrator, Outdoor Advertising Division, Department of Food and Agriculture, Department of Labor and Industries, Department of Early Education and Care, Department of Elder Affairs, SOMWBA, and the various boards of registration.

DALA's goal is to process fairly and expeditiously for hearing all cases by following established principles of case flow management. Included in this policy are the following:

• Segregating the cases by agency and scheduling them for hearing on a "first come first served" basis each month up to the maximum number of hearings scheduled for each agency.

• Establishing hearing dates by considering the availability of Administrative Magistrates and hearing rooms, while insuring that adequate notice is given to all parties.
  




• Discouraging the continuance of cases after a hearing date has been assigned.

• Establishing the policy of the issuance of a decision within 60 days from the close of the record, unless a statute or regulation requires it sooner.
  




• Requiring the pre-hearing filing of memoranda, copies of documentary evidence intended to be entered as exhibits, and stipulations, in all complex cases.
  




• Identifying and scheduling for hearing cases that are old or inactive, thereby encouraging their disposition, often by settlement or withdrawal.
  

DALA is proud of its history of over 30 years of service in the Commonwealth.  DALA is also proud of the dedication and service of its employees.  Shelly L. Taylor was appointed Chief Administrative Magistrate in July of 2007.  First Administrative Magistrate Kimberly Fletcher has been with DALA since 1985, first as an Administrative Magistrate and then in 1999, assuming her present position. The Administrative Magistrates are required by statute to be members of the Massachusetts Bar with trial experience. 

Division of Administrative Law Appeals    98 North Washington Street, 4th Floor,   Boston, MA 02114
Telephone  (617) 727-7060    Fax  (617) 727-7248